1. GET THE CHARGES DISMISSED:
The ultimate result in a drunk driving
case is an absolute dismissal of all charges. This could happen
in one of two ways: either the case is dismissed prior to going
to trial, or going to trial and obtaining a verdict of Not Guilty.
It is impossible to say what I, as your attorney can do on your
case without knowing the facts of your drunk driving case and doing
a full investigation. Every drunk driving case is different. I have
been handling drunk driving cases in San Diego, California for years,
and a few of the ways I have won these cases in the past are:
A. Show that the stop of the vehicle was illegal. To have the case
dismissed this way, an Illegal Search and Seizure Motion is filed.
B. Show the standardized field sobriety tests were administered
improperly by the arresting officer and may not be used against
the person in court.
C. Show that the breath test was administered improperly and may
not be used.
D. Show the police officer has inconsistencies in the police report
and the case cannot be proven beyond a reasonable doubt.
2. OBTAIN A NOT GUILTY VERDICT:
In the event the prosecution will not dismiss the charges, it may
be necessary to have a judge or jury trial. Only a highly skilled
and trained attorney should handle a case at trial. The evidence
must show guilt "beyond a reasonable doubt" before a guilty
verdict is returned. Before a case goes to trial it should be evaluated
properly. Trial is the ultimate defense and should not be handled
unless the case is totally prepared by an extremely skilled and
competent attorney.
3. OTHER POSSIBLE RESULTS:
A. Dismiss the drunk driving charges and plea to a lesser offense:
In the past I have resolved certain drunk driving cases where the
client pleads guilty to a lesser charge, such as reckless driving,
public intoxication, or even minor traffic offenses such as speeding
or illegal lane changes.
B. Keep you out of jail:
If there is a bad accident in your case or other aggravating facts
(prior convictions....extremely high breath or blood test) the prosecution
may want to put you in jail. Most people do not want to spend any
amount of time in jail. I, as your attorney, will do everything
in my power to avoid jail time for my clients.
C. Save your drivers license:
In almost every drunk driving case the prosecution and/or the DMV
will attempt to suspend your driver’s license. It is my job
to fight these efforts to suspend your license. The laws allowing
the prosecution to suspend your license have become tougher in recent
years. This requires that an attorney be highly qualified in this
area to properly fight these attempted suspensions.
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